At 10:32 PM -0400 10/31/2010, Chance Reecher wrote:
At 10:15 PM 10/31/2010, Dan wrote:
 >Mass-republishing without the ads has ripped them off

I see it a different way. Exactly how many list members do you think
would have seen the article had it not been re-posted to the list?

Thousands, if the url was posted.  Just the url.

The post had the link back to the original site, which could and most
likely did generate traffic to it.

Raise your hand if you used the link instead of reading the email!  ya right.

 >AND potentially made LEM liable.

If anyone is liable it's Google Groups and/or the OP. LEM itself had
no direct involvement.

Google is protected by their size and common carrier type status. LEM, no so well protected. Ziff could hit them with a take-down and lawsuit -- and it would cost LEM thousands of dollars to deal with it.

At 11:38 AM +0000 11/1/2010, Wallace Adrian D'Alessio wrote:
And either way( or in any case, a " fair use" argument would be thrown at it.

No. The "one off" personal copy is covered by Fair Use. Republishing a copyrighted work, in full, without the copyright holder's explicit permission is NOT Fair Use.

- Dan.
--
- Psychoceramic Emeritus; South Jersey, USA, Earth.

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